According to the Florida Highway Safety and Motor Vehicles Department, on average, 650 car collisions occur every day in Florida. So, even though you can reduce the risk of accidents happening by ensuring you always follow the rules for safe driving, there is always a chance that you will be involved in a road accident.
Once you have sought medical attention for your injuries, you should contact a personal injury lawyer who has experience in handling car accident cases. Road accident victims in Florida have the right to file a personal injury lawsuit against the person or people who caused the accident.
You will attempt to recover compensation from your insurance company first, but if your insurer will not pay out or if your damages exceed the allowances of your policy, you can pursue compensation from other parties, with the help of your attorney, to cover the cost of things like medical bills, loss of earnings, and pain and suffering.
Here is a look at what to expect when you file a car accident claim in Florida.
Filing Your Claim
Filing a claim for the personal injuries you sustain from a car accident that was not your fault involves giving notice to the at-fault party’s insurer. Your lawyer will gather documentation like your medical records and bills before presenting a demand package to the insurer.
Negotiating
When the insurance company admits that the other party is at fault, the insurer will present an offer of compensation. Your lawyer will negotiate with the insurance company to reach a fair settlement.
Filing a Lawsuit
If the negotiation is unsuccessful, a lawsuit can be filed. Your lawyer will have the knowledge and experience to know whether it is best to pursue litigation for your claim or not.
How Long Will Your Lawsuit Take?
One car accident lawsuit could take a few months to resolve while another could take years. While most lawsuits take months rather than years, the precise length of your lawsuit will be dependent on a number of factors, such as the number of parties involved and the extent of your injuries.
Litigating the Case
After a lawsuit has been filed, your lawyer will embark on the litigation stage. He or she will file a formal complaint to the court and serve the at-fault party. Your attorney will then conduct a formal investigation to determine the facts of the case.
Once that process has been completed, the parties can mediate the case. At that stage, it is typically the last opportunity for the parties to reach an agreeable settlement before taking the case to court.
The Trial
When no settlement is reached between the parties, the case can go to trial. During the trial, your lawyer will provide the court with evidence to prove that the injuries and damages you sustained were due to the other driver’s negligence or recklessness. Your lawyer will also show how those injuries and damages equate to the compensation you are entitled to. If the case is successful, you will be awarded financial compensation.
To navigate the complexities of a car accident lawsuit in Florida and gain a fair settlement to cover the medical bills and lost earnings, you need to have an experienced and reputable lawyer represent you. He or she will have the professional know-how to file your claim, negotiate a fair settlement with the insurance company, file a lawsuit if necessary, litigate the case and represent you in court, to help you gain the compensation you deserve.
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